The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-28
CONFLICTING LAND CLAIMS
The President Offers Several Suggestions
for the Guidance of MIR. Lamar.
The Whole Country Brings in Bill of In
dictment Against the English Sparrow
Indiana washington Notes.
THE PUBLIC LANDS.

THE PUBLIC LANDS.
Corporations Should Not Be Favored at the
Expense of Settlers.
WASHINGTON, April 27.-Presdent Cleveland
has sent letter to the Secretary of the Interior
respecting the controversy between Guilford
Miller and the Northern Pacific railroad about
the ownership of some land lying within the in
demnity limits of that road, which will be read
with interest on account of the conclusions
reached and the suggestions thrown out by the
President for an equitable settlement Of the
case. The matter came before the President
upon the petition of Miller and others. 1t has
been pending before the Interior Depart
ment for several years. and when finally adjusted
will probably establish precedent for the set
Element of many similar cases. The President,
after looking through the case, sent the follow
ing letter to the Secretary of the Interior:
Dear SRI have examined with much care
and interest the questions involved in Che con-
ficting claims of Guiiford Miller and the North
ern Pacific Railroad Company to certain public
lands in Washington Territory. The legal as
poets of the case have been examined and passed
upon by several officers OF the government. who
do not agree in their conclusions Miller claims
to be settler upon the lands in question. whose
possession dates from 1878. He alleges that he
has made substantial improvements upon this
land and cultivated the same. and it appears that
he fled his claim to the same under the home
st ad law on the Goth day Of December, 1884
The railroad company contends that this land is
within the territory or area from which it was
entitled to select such a quantity of public land
as might be necessary to supply any deficiency
that should be found to exist in the specified
land mentioned in grant by the government to
said company in aid of the construction of the
road, such deficiency being contemplated as
likely to arise from the paramount right of pri-
vate parties and settlers within the territory
embracing said granted lands, and that the
land IN dispute was thus selected by the CON-
pany on the 10Th day of December 1883. A
large tract, including tLis land, was Withdrawn
by an order Of the Interior Department from sale
and from pre-emp Ion and homestead entry, in
1872, In anticipation of the cons tructon OF said
railroad and a deficiency in its granted lands.
In 1880, upon the filing of map of definite
location Of road. the land In controversy, and
much more which had been so Withdrawn. was
found to lie outside of the limits which included
the granted lands. but its withdrawal and
reservation from settlement and entry, under
our land laws was continued upon the theory
that it was within the limits of indemnity lands
which might be selected by the company as pro-
vided in the law making the grant
The legal points in this controversy turned
upon the validity and effect of the withdrawal
and reservation of this land, and the continuance
thereof The Attorney general is of the opinion
that such withdrawal and reservation were at
all times effectual, and that they operated to
pre- vent Miller from acquiring any interest in or
right to the land claimed by him. With this
Interpretation OF the law, and the former orders
and action of the Interior Department. it will
be that the effect has been the withdrawal
and reservation. since 1872 of thousands, if not
millions of acres of these lands from the opera
ton of the land laws of the United States thus
placing them beyond the reach of our citizens
desiring. under such laws to settle and make
homes upon the same, and that this has been
done for the benefit of railroad company hav-
ing no fixed, certain definite interests in such
lands. In this manner the benefcient policy
and intention of the government i'll relation to
| the public domain have, for all these
| years, to that extent been thwarted
ing how much, if any, of this vast tract neces
sary for the fulfllment of the grant to the rail-
road company, nor does there appear to be any.
| limitation of the time within which this fAct 8,
1 should be made known and the corporation
! obliged TO make it's selection. After lapse of
fifteen years this large body OF the public domain
is still held in reserve to the exclusion of set
tiers. for the convenience of corporate bene-
! fciary of the government and awaiting its
lection, though it is entirely certain that much
of this reserved land never be honestly
claimed by said corporation
"Such a condition of the public lands should
no longer continue. So far as it is the result of
executive rules and methods. these should be
| abandoned. and so far as it is consequence of
improvident laws these should be repealed or
amended. Our public domain is our national
| wealth. the earnest OF our growth. and the her
| tage of our people. 1t should promise limitless
| development and riches relief to crowdng
| population, and homes to thrift and indus
| try. These inestimable advantages should be
| jealousy guarded, and a careful and enlightened
| policy on the part of the government should Sc
cure them to the people In the case under con-
sideraton / assume that there is abundance
| of land within the area which has been reserved
| for indemnity, in which no citizen settler has
| legal or equitable interest for all purposes of
such indemnifcaton to this railroad company
if its grant has not already been satisfied. un-
derstand, too, that selections made by such cor
po.ations are not complete and effectual until
the same have been approved by the Secretary
of the Interior, or unless they are made in the
words of the statute, under his direction. You
have thus far taken no action in this matter, and
it seems to me that you in condition to
deal with the subject in such manner as to
protect this settler from hardship and loss.
II transmit herewith the papers and docu.
ments relating to the case, which were submit
ted to me at my request. suggest that you ex-
ercise the power and authority you have in the
premises, upon equitable considerations with
every presumption and intendment in favor of
the settler. and In case you find this corporation
is entitled to select any of these lands than
1t has already acquired, that you direct it Sc.
lect, in lieu of the land upon which Mr.. Miller
has settled, other land within the limits of this
indemnity reservation. upon which neither he
nor any other citizen has, in good faith, settled
CT made improvements. / call your attention to
Sections 2450 and 2451 of the Revised Statutes
of the United States as pointing GU. a mode of
procedure which may, perhaps be resorted to, il
necessary, for the purpose of reaching just and
equitable disposition of the case. The sugges
tiOns herein ntained can, believe be adopted
without disregardipe or calling in question the
opinion of the Attorney general upon the purely
4 legal propositions which were submitted to him
Yours very truly. GROVER CLEVELAND.
ITO the Secretary of Interior. Washington D. c.